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Home My WebLink About2004-12-21 Town of Lansing Tuesday, December 21 , 2004 ; 6600 PM , Zoning Board of Appeals Meeting ZONING BOARD OF APPEALS MEMBERS (*Denotes present) Steve White, Chair * David Dittman Linda Hirvonen * Wayne Lucas * Dan Konowalow Ronald Bricker * Richard. G. Platt, Code Enforcement Officer * Bud Shattuck, Deputy Town Supervisor PUBLIC PRESENT Charles & Debbie Crandall William Duthie • GENERAL BUSINESS David Dittman, Acting Chairman of the Board called the meeting to order at 6 : 00 PM . Mr. Dittman began by reading the legal notice published in The Ithaca Journal regarding the Public Hearing for William Duthie (United Storage) fora Use Variance . David Dittman made a motion to open the Public Hearing at 7 : 02 PM . Wayne Lucas seconded. VOTE : ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY, William Duthie (United _Stora2e), Use Variance — 484 Ridge Road, Parcel # 3204 =3 Mr. Duthie appeared before the Zoning Board of Appeals requesting to be granted a Use Variance to erect an additional heated Storage Building in the R2 District where such are no longer permitted. Borg Warner, a client of Mr. Duthie ' s has entertained the thought of taking their business elsewhere due to the lack of a separate heated facility. Other locations have been explored by Mr. Duthie, however, Borg Warner has indicated the Ridge Road to be their first choice for security reasons . The proposed building will be approximately 7 , 500 square foot (60 ' x 125 ') and 20 ' high. There will be no plumbing in the building. According to Mr. Duthie ' s statement, this is the final building to be erected on this site. Public Comments : Mr. Charles Crandall presented to the Zoning Board Members a letter stating he and his wife ' s concerns . The letter read as follows : i i ZBA 12-21 -04 Deee ether 21 ; 2004 Steve White Chairperson Zoning Board oFAppc'aIs 'Town of Lansing 29 Auburn road Lansing, New York 148$2 " Re : William Duthie .lpplication Parcel :it2 . _ 1 - ; i Dear Steve White. Chairruart and /.,CiA Board N1ambers : I We received +'our letter in the matter of the application of William Duthie requesting approval to build an additional Storage fluildivt, at 4Y4 Ridge load , parcel #32 .-1 -3. When we purchased the land to build OUT hirmc in 2003 we were aware of the � I existing storage b€ ridings bur wcPc also aware that the zoning had been changed to R.I . I also didn't realiZe that we had built in front O a constant landfill area. Mr Duthie has been allowed to build one additional Will. under 111e Carr'L`nl zoning change. I low many more is Nli•. Duthic going to be allowed to huilLP Our main concern is the traffic that goes in laid out of the property. "!here is constant truck traffic , dutnping of dirt, hanging of tailgates and bulldozing. It makes it impossible to have windows open, rest, eat on the back porch (dirt that filters to the back of the house), wc. I sorri0imes wal'ch my grandson and he can 't take a nap at Our house b6eanse of tlic durnping. When my mother lived Lvilil Lis she had to wear carplUgs during the: day to try and get rest. On scverat occ isioris one truck bangcd it's tailgate six times in a row. This occurs seen clays a week and butldozine a en on Sunday afternoons . Two week. ago there were, trucks in the large storage building at 6 : 30 a. m. with their hack up safely system on. There are several people that live in the area that work. second and third shifts and neat to steep during the daYan(I find it ncarlY iMI)OSsible. With the- caustant truck trat'fic . POr, Duthie recently informed us of thepossibility oPthe reeve's topsoil screening bUSilleSS locating in that area. Neighbors with thesct similar concerns have CUnIaCYed A. Please, take Our concerns into consideration . S iuccrel v. Charles cYt Debbie Crandall i i 464 Midge Road I...ansing, New York 14882 Mr. Crandall emphasized to the Board. Members that a major concern is the huge amount of truck traffic bringing fill into this proposed building site . These trucks run day and night creating a noise nuisance from the banging tailgates, disallowing people who work 2na and 3ra shift to get a sufficient amount of sleep, and a tremendous amount of dust from the landfill and road that prevents homeowners from opening their windows. Mr. Crandall advised the board this site is in the R2 district, which no longer permits Storage Buildings . At this time, The Crandalls do not have a problem with the erection of the building, however, they do have a problem with dumping and traffic of large trucks . It has been recommended by Mr. Crandall that Mr. Duthie stop all the dumping. ZBA 12-21 -04 L • Mr. Duthie indicated that once the building has been completed, there is no place for the large trucks to dump. Mr. Crandall indicated that he had heard a rumor in regards to a Top Soil Screening Operation being performed on this site . Mr. Duthie indicted that he had spoken with a gentlemen last year with regards to screening for his own use at his residence . This is not going to happen. All topsoil will be used to landscape at the proposed site. Mr. Duthie indicated no further fill will be coming into the site. i' Wayne Lucas made a motion to close the Public Hearing at 6 : 40 PM. David Dittman seconded. VOTE ALL IN FAVOR, MOTION CARRIED . Use Variance "Before the Board may exercise its discretion and grant a Variance upon the ground of unnecessary hardship, the record must show that : 1 . can not yield a reasonable return if used only for a purpose allowed in that zone; True 2 . alleged hardship is unique and does not apply to substantial portion of district or neighborhood; True 3 . requested variance will not alter essential character of the neighborhood; True 4 . Alleged hardship has not been self-created . True Member Decision Daniel Konowalow made a motion to grant the Use Variance with the following condition ; I . All dumping stops effective Friday, December 24, 2004 . 2 . The road is paved to the new building Wayne Lucas seconded. VOTE : ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY, Recommendation For Re=appointrnen_t of Linda Hirvonen to the Zoning Board of Appeals Wayne Lucas made a motion to recommend to The Town Board that Linda Hirvonen be re-appointed for an additional term of 5 years . (January 1 , 2005 — December 31 , 2009) David Dittman seconded . VOTE: ALL IN FAVOR, MOTION CARRIED UNANIMOUSLY. ZBA 12-21 -04 Approval of November 16, 2004 Minutes • Daniel Konowalow requested the following corrections be made : Page 2, under Public, Richard Platt - add an n to spoke . Page 2 , under Member Discussion, David Dittman — remove be and in , and after egress add to the property? Page 2, under Richard Platt — add was after that . Daniel Konowalow made a motion to accept the minutes as amended. Wayne Lucas seconded. VOTE : ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY . Wayne Lucas made a motion to adjourn the meeting at 6 : 50 PM . Daniel Konowalow seconded . VOTE : ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY . • • i Town of Lansing Zoning ]Board of Appeals Meeting i December 21 , 6 : 00 PM Visitors Please Sign In Below : (Please Print) Name Address ` Jd J4 T o WN of LANSING Q B "Home of Industry, Agriculture and Scenic Beauty " Q • 9. TONING , PLANNING AND CODE Ei1Th,ORCEMENT Box 186 Lansing, NY 14882 I\ III E-mail : tolcodesQtwcnJ . r, . con, Town of Lansing Zoning Board of Appeals Meeting December 21 , 2004 6900 PM Lansing Town Hall — Large Court Room Agenda rKm Agenda Topics 600 PM William Duthie - United Storage, Public Hearing Use Variance, 484 Ridge Road, Parcel # 32:" • Open Public Hearing • Mr. Duthie presents Case • Receive Public Comments • Close Public Hearing • ZBA Comments and Questions Complete SEAR ZBA Decision Motion to Accept or Deny with any conditions Second Motion Any Further discussion Motion to Accept Minutes of November 16, 2004 • Recommendation for the re appointment of Linda Hirvonen to The Zoning Board of Appeals for an additional term of 5 years. (January 1 , 2005 - December 31 , 2009) Motion to Adjourn Second Motion Meeting Adjourned at PM *M : Motions MUST be made for, Opening of Public Hearing Closing of Public Hearing Deering Decision on SEAR To Accept or Derry Request Approval/Denial of Minutes • To Adjourn